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Old 02-02-2011, 08:26 PM
 
5 posts, read 17,467 times
Reputation: 15
Default No rental agreement

I live in kern county,ca. And im living with a friend. Im not on the rental agreement and my friend is going to move by choice. He told the landlord he is moving and it was in his best interest to go ahead and let me cont. Renting the house. Ive lived with him for 2 years. The landlord told me i have no right to be in the house once my friends thirty day notice is up. Is this true? Or does he have to evict me the legal way if he truely wants me out? I never had any agreement with the landlord, only my friend.
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Old 02-02-2011, 09:31 PM
 
Location: Coeur d'Alene Idaho
794 posts, read 1,316,280 times
Reputation: 472
I don't know the law in CA but it sounds like you think you are entitled to stay in his house just because you were staying with a friend. I sure hope the law does not protect you from that. I would say your best bet is to lose any attitude you may have (if you do) and nicely inform the landlord you would be willing to rent to house under a 6 month or 1 year contract for the amount of rent your friend was paying.
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Old 02-02-2011, 10:07 PM
 
Location: Seaford, Delaware
3,338 posts, read 9,456,429 times
Reputation: 2161
you need to approach the LL with an offer to rent. The LL can decide if he/she wants to rent to you or not. The LL does not have to give a reason why not. I would do as suggested and approach the LL with an offer to rent and make an application and sign a lease if the LL so approves. Otherwise, move.
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Old 02-02-2011, 10:30 PM
 
Location: The Wild West
777 posts, read 1,369,212 times
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The LL is right. You are not on the lease you do not have the right to continue to occupy the property after the legal tenant moves out. You will essentially be a squatter. Depending upon the terms of the lease you are either an illegal occupant or unregistered occupant/guest right now.

This might be why the LL wants you out. You have been there two years and not on the lease - or maybe the LL is sloppy or doesn't care about the legalities.

Anyway you have a couple of options.
1) Move when your friend moves.
2) Talk to the LL, tell him you really want to stay and take over a new lease. Tell him you have been a good tenant (assuming you have been a good tenant) and you will take care of the property. You need to provide the LL with proof that you can afford the property, have a job, maybe a credit report, etc.

Regardless of what you do the LL may just want you out. In which case there is nothing you can do but move in a timely and peaceful manner and without damage.

IF you remain past the end of the month you become what is known as a "holdover" tenant. Except that you aren't a tenant, you are an "illegal John/Jane Doe occupant" because you have no lease. You will be served with an eviction notice. If you respond you will take on the duties of a tenant along with the financial responsibility for damages to the LL whether you win or lose (and you will lose). The LL will then take you to court - you can tell the Judge how much you want to live there and the Judge will listen to you and will then issue a Writ of Possession to the LL and a judgment against you, the LL will take it to the Sheriff who will then post the property and lock you out in 5-10 days.

The LL will then file his judgment against you and destroy your credit and ability to rent an apt from anyone who checks credit or rent history.

If you don't respond to the eviction summons you will have about 10 days until the LL gets a "default" judgment and 5-10 days after than until a lockout.
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Old 02-02-2011, 10:37 PM
 
Location: Coeur d'Alene Idaho
794 posts, read 1,316,280 times
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Wow someone knows the process. Well done. I hope the OP does the right thing and isnt a scumbag who thinks they are entitled the house because they 'had a agreement with their friend not landlord'.
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Old 02-02-2011, 10:48 PM
 
78 posts, read 159,744 times
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I live in California, and according to my interpretation of the laws:

Quote:
The landlord told me i have no right to be in the house once my friends thirty day notice is up. Is this true?
Yes.

Quote:
Or does he have to evict me the legal way if he truely wants me out?
There's an expedited eviction process for people such as you who remain in a place where they have no right to be, but if you pay rent and court fees you can probably drag it out 20-30 days.

http://www.dca.ca.gov/publications/landlordbook/appendix1.shtml#occupantsnotnamed (broken link)
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Old 02-03-2011, 01:48 PM
 
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Thank you! I have had no problems with the landlord or vise versa. He just never cared to do the paper work I think. I did make an offer to do anything he wants to keep the house. I have children enrolled in the school district in which we live, and would just like to stay til the end of the school year. He refused the offer for unknown reasons. I didnt want to start problems, I just wanted to know my rights because I have no where to go as soon as thirty days. I look everyday for new rentals. I was just curious if he would have to go through the whole eviction process.
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Old 02-03-2011, 02:28 PM
 
78 posts, read 159,744 times
Reputation: 34
Quote:
Thank you! I have had no problems with the landlord or vise versa. He just never cared to do the paper work I think. I did make an offer to do anything he wants to keep the house. I have children enrolled in the school district in which we live, and would just like to stay til the end of the school year. He refused the offer for unknown reasons.
Sorry to hear that. That sucks! You mentioned your children? And that it's only five months? And that you would pay or do extra to keep the place? Most people would be flexible in that situation unless they had a compelling reason not to be.

I just had to make a 'rapid move' (less than one week between deciding to move and paying for a place) precisely because of school districts. Anyway, if you have to move anyway, consider doing so a.s.a.p. To be very likely to attend your school of residence, or have a go at better schools in the lottery system, many California school districts have February or March enrollment deadlines and require utility bills.
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Old 02-03-2011, 04:31 PM
 
5 posts, read 17,467 times
Reputation: 15
I'm making the best out of the situation, I just wanted to make sure he couldn't just call the sheriff out and have me instantly removed. Knowing I have a chance to fight an eviction process helps me feel a lil better. Well not feel better, but be able to sleep at night. I know I haven't done anything wrong not to deserve a chance to keep the house. Thanks again to all who helped!!
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Old 02-03-2011, 05:03 PM
 
4,919 posts, read 9,264,583 times
Reputation: 5705
Wait a minute, not so clear. The OP is not the the one leasing the property and the person leasing the property is terminating the lease. The OP is not on the lease . That's not an eviction by the LL but a lease termination by the tenant. When the tenant terminates the lease, the OP has no rights to remain. Had the OP been on the lease, they would have rights as the tenat because only 1/2 of the tenants were terminating the lease. But it sounds like 100% of the legal tenats are terminating the lease and the OP would not have any standuibgs because they are considered a visitor or guest, not a tenant. Had it been an eviction, they might have been able to stall the last day, but as a guest/visitor, they have no claim to remain. The OP may be able to make a claim that they were a non named on lease tenant with the approval of the LL. They would need to prove the LL knew they were ocupying the home as a tenant and not a visitor and the LL did not object, and I think in CA they would also need to show that as a non named tenant on the lease, (being done with LL knowledge and no objection) they were paying a share of the rent and upkeep. Otherwise I think they are still just a guest/vistor without tenant right to possession.
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